Gavaskar A v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.07.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Gavaskar ... Petitioner Vs.
1.The Commissioner, Scheduled Caste/Scheduled Tribes, Welfare Department, Chepauk, Chennai - 5.
2.The District Collector, Collectorate, Trichy District.
3.The District Scheduled Caste/Scheduled Tribes, Welfare Department Officer, Trichy District, Trichy.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's application dated 19.10.2020 for the post of a Cook in the Adi Dravidar School Hostels at Trichy District. For Petitioner : Mr.V.Kannan For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/5
ORDER
This Writ Petition has been filed to direct the second respondent to consider the petitioner's application dated 19.10.2020 for the post of a Cook in the Adi Dravidar School Hostels at Trichy District. 2.The facts, which leads to the filing of the Writ Petition in brief is as follows:- The second respondent District Collector on 18.09.2020, issued a notification calling for applications to fill up 135 vacancy posts for Cooks in various Adi Dravidar School Hostels in Trichy District. The petitioner made an application dated 19.10.2020, to the said post, following which, he was called for interview on 15.12.2020, in which, the interview was scheduled to be held on 31.12.2020. The petitioner had attended the interview and had submitted all necessary documents. However, the third respondent having filled up 120 posts, did not give opportunity to the petitioner. Hence, this Writ Petition came to be filed seeking to direct the second respondent to consider the petitioner's application dated 19.10.2020, for the posts of Cooks in Adi Dravidar School Hostels, Trichy District.
3.The learned Special Government Pleader appearing for the respondents on instructions, submitted that though the petitioner had 2/5
participated in the selection process, he was not selected and he pressed for dismissal of the Writ Petition.
4.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents and carefully perused the materials available on record.
5.It is brought to the notice of the learned counsel for the petitioner that the petitioner belonged to scheduled caste community and has passed 12th standard. However, as many as candidates, who were selected to the post of Cooks, have completed degree qualification. The respondents ought to have considered the petitioner's candidature for being selected to the post, instead of selecting highly qualified candidates for the post of Cooks for which, only reading and writing is necessary as qualification.
6.In view of the same, this Court is of the considered view that the respondents may consider the petitioner's candidature in future selection, if notified and if the petitioner has preferred to apply. 3/5
7.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
10.07.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn To 1.The Commissioner, Scheduled Caste/Scheduled Tribes, Welfare Department, Chepauk, Chennai - 5.
2.The District Collector, Collectorate, Trichy District.
3.The District Scheduled Caste/Scheduled Tribes, Welfare Department Officer, Trichy District, Trichy.
4/5
L.VICTORIA GOWRI, J.
Mrn 10.07.2024 5/5